Terms Of Service

AGREEMENT BETWEEN CUSTOMER AND TS TOURS, LLC DBA TRIPSHOCK

Participation in the TS Tours LLC (“TripShock”) affiliate program (“Affiliate Program”) requires your acceptance of TripShock’s Affiliate Terms and Conditions. Participation in the Affiliate Program is limited to the legal advertisement of our website (Tripshock.com) via approved affiliate links (“Affiliate Links”) in exchange for commission. 

By completing the Affiliate Program Application, you are agreeing to be bound by these Terms and Conditions, should be accepted and become a member of the Affiliate Program (“TripShock Affiliate”). Likewise, your submission indicates you have reviewed, and agree to be bound by TripShock’s Privacy Policy and Website Terms of Use.  

The Affiliate Program is a discretionary program that can be discontinued or updated at any time in TripShock’s sole discretion. Likewise, TripShock reserves the right to amend these terms and conditions at any time.  

TripShock has the right to monitor your site to ensure that you are complying with the terms of this Agreement. If a TripShock Affiliate does not comply with any of the terms and conditions set out below, the consequences are as follows:

–   First Offense: TripShock Affiliate will receive notification from TripShock and will be given 14 days to comply.    

–   Second Offense: TripShock Affiliate will be removed from the program.

TripShock reserves the right to terminate any affiliate from the Affiliate Program for any reason. Should this Agreement be terminated, the TripShock Affiliate must immediately remove all links to Tripshock.com from its website.

TripShock Reserves the right to withhold payment until the Tripshock Affiliate comes into compliance with the agreement, or removes all links from its website.

PROGRAM OVERVIEW

TripShock offers activities from a large number of suppliers for sale on its website, Tripshock.com. When a sale is made, TripShock receives a  commission from the sale (“TripShock Commission”) and the remainder of the proceeds are paid to the activity supplier.  The Affiliate Program allows  TripShock Affiliates to receive a portion of TripShock’s Commission when they refer customers to Tripshock.com via Affiliate Links. 

Anyone wishing to become a TripShock Affiliate, must complete the application process.  TripShock in its sole discretion may deny any applicant, for any non discriminatory reason and is not required to provide an explanation for its decision. Likewise, applicant agrees that it has no recourse should its application be denied.

WHITE LABEL BOOKING PORTAL (IF APPLICABLE)

Some TripShock Affiliates may elect to participate in TripShock’s White Label Booking Portal (“White Label Program”), which provides a co-branded or fully branded booking interface hosted and maintained by TripShock.

Participation in the White Label Program is subject to the following additional terms:

SUBSCRIPTION FEES

The White Label Program may require a monthly subscription fee, as agreed upon in writing between TripShock and the Affiliate. Failure to maintain payment may result in suspension or termination of White Label services.

BRANDING AND USE

TripShock retains full ownership of the underlying platform, technology, product inventory, pricing, and supplier relationships. Affiliates may customize branding elements (such as logo, colors, and domain) as permitted by TripShock but may not represent the White Label platform as independently owned or operated.

CUSTOMER RELATIONSHIP

All bookings processed through the White Label portal are fulfilled by TripShock and its supplier network. TripShock is responsible for payment processing, customer service, and supplier coordination unless otherwise agreed in writing.

SUPPLIER RELATIONSHIP

The TripShock Affiliate Program operates independently from TripShock’s contractual relationships with tour, activity, attraction, and other experience suppliers (“Suppliers”). Affiliate commissions are compensation paid by TripShock for qualifying referrals and are governed solely by the terms of the Affiliate Program.

Affiliate commissions do not reduce, modify, or otherwise affect the compensation owed to a Supplier under TripShock’s separate agreement with that Supplier. Likewise, an Affiliate has no right or interest in amounts payable to a Supplier, and a Supplier has no right or interest in commissions or other compensation payable by TripShock to an Affiliate.

TripShock may use affiliates and other third-party marketing or distribution partners to promote TripShock, its marketplace, and experiences available through the platform. The use of an Affiliate to generate or facilitate a booking does not alter the Supplier’s applicable rates, commissions, or payment terms with TripShock.

WHITE LABEL COMMISSIONS

White Label bookings are commissionable under the same structure outlined in the Commissions and Payment section, unless otherwise specified in a separate written agreement.

PROHIBITED USE

Affiliates may not:

• Resell or sublicense the White Label platform
• Modify platform functionality
• Misrepresent pricing, availability, or supplier information
• Use the White Label portal in a manner that competes directly with TripShock’s business outside the scope of this Agreement

COMMISSIONS AND PAYMENT

Affiliate Commissions are equal to 25% of TripShock’s Commission, which ranges from 20% to 30% of the activity price. Commission excludes all taxes and fees.

To be eligible for an Affiliate Commission, the sale must originate from an Affiliate Link and the purchase must occur within 7 days of the user clicking the Affiliate Link.  TripShock Affiliate Links include tracking codes. TripShock Affiliates are responsible for ensuring that each of the links between its website and TripShock.com are tagged links. TripShock will not be responsible for lost commissions due to non-tagged link usage.

Payments will be made for confirmed orders only.  An order is confirmed when the supplier confirms that the trip is completed. Transactions that result in chargebacks or refunds will not result in Affiliate Commissions. At the end of the month, the total number of confirmed orders will be determined and payment will be issued approximately 14 days later, except that if the amount owed does not exceed $50.00, the payment will be deferred to the subsequent month until the threshold of $50.00 is met. 

Payments are made via direct deposit, unless otherwise agreed upon in writing by TripShock and the TripShock Affiliate. Upon availability of their first affiliate payment, affiliates will receive an invitation from bill.com to input their banking information for direct deposit and be required to provide a W-9 form. This information may also be input by the affiliate in their account profile at any time prior. If, for any reason, the affiliate does not complete the required aforementioned steps at the time of payment issuance, TripShock will directly contact the affiliate to resolve the issue. TripShock reserves the right to cancel a pending payment should the affiliate fail to redeem it after 180 days have lapsed from the original issuance date. 

INTELLECTUAL PROPERTY RIGHTS

All material contained on TripShock.com, unless otherwise indicated, is protected by law including, but not limited to, copyright and trademark law, as well as other state, national, and international laws and regulations. TripShock Affiliates acknowledges that all right, title and interest in and to TripShock’s website and any and all intellectual property rights associated therewith are exclusively owned by TripShock, and TripShock Affiliates will not contest the validity of any trademark or TripShock’s exclusive ownership of it.  TripShock Affiliates may use, but not alter images and media from TripShock.com and partner websites. To do so may result in removal from the TripShock affiliate program.

Any re-use on a TripShock Affiliate website(s) of copyrighted images, logos and marketing text must include notices in the following form:  For marketing text: copyright – year (e.g., 2022) TripShock. All rights reserved. 

TERMINATION

Your affiliate application, white label portal (if applicable), and status may be suspended or terminated for any reason, including the following:

• Taking action to harm TripShock’s business reputation;
• Directly soliciting a TripShock suppliers for deals, offers, and/or information without consent from TripShock;
• Inappropriate advertisements (false claims, misleading hyperlinks, etc.);
• Spamming (mass email, mass newsgroup posting, etc.);
• Advertising on sites containing or promoting illegal activities;
• Failing to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws;
• Violating intellectual property rights;
• Self-referrals to the Affiliate Program;
• Offering rebates, coupons, or other form of promised kick-backs from your Affiliate Commission as an incentive, however, adding bonuses or bundling other products with TripShock is acceptable; 
• and Fraudulent transactions, suspected Affiliate fraud.

PROMOTIONAL CODES AND COUPONS

TripShock Affiliates are only authorized to advertise promotion codes that are posted on TripShock’s website. TripShock Affiliates must remove any promotion code from its website upon TripShock’s request. Sales generated through unauthorized promotion codes are not commissionable.

PAY PER CLICK AND OTHER ADVERTISING MEANS

TripShock Affiliates are not authorized to utilize or bid on keywords incorporating the “TripShock” trade name (A.K.A. branded terms) or any variation thereof. This includes, but is not limited to possible misspellings, abbreviations, and the merging of the restricted trade name with other terms, words or phrases.

TripShock Affiliates are not allowed to use any outside technology to access, crawl, acquire, copy, “deep-link,” “inline-link” or “page-scrape” Tripshock.com. This includes the use of “robots,” “spiders” or other automated devices, programs, algorithms, and methodologies to monitor any portion of TripShock’s website. TripShock Affiliates may not pull internet traffic away from Tripshock.com and TripShock Affiliate’s domain name cannot contain any variation of the words TripShock at any time, nor can the site resemble TripShock.com. Affiliates caught using outside technologies to compromise TripShock.com’s infrastructure and resources will be terminated from the program.

Branded terms which are off limits to TripShock Affiliates include, but are not limited to:

• TripShock
• TripShock vacations
• TripShock vacation
• TripShock vacation packages
• TripShock vacations deals
• TripShock all inclusive
• TripShock Destin vacations
• www.tripshock.com
• TripShock Key West packages
• Travel with TripShock

SEARCH ENGINE LINKS

TripShock Affiliates utilizing search engine marketing and/or pay per click campaigns are not authorized to link directly to TripShock’s website through search engines; this refers to PPC keyword or text ad destination URLs as well as display URLs. Links within search engines must direct visitors to the TripShock Affiliate’s website, without redirects, and not to TripShock. Affiliates are not authorized to use the URL of TripShock or any variation thereof within their offline or online pay per click advertising. TripShock Affiliates are only allowed to link and promote their own web site/brand through search engines, not TripShock.

LIABILITY

TripShock will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the TripShock Affiliate Program and/or to our website(s).

TripShock does not make any expressed or implied warranties with respect to the TripShock Affiliate Program and/or the products sold by TripShock. We make no claim that the operation of the TripShock Affiliate Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

TERM OF THE AGREEMENT

The term of this Agreement begins upon your acceptance of and participation in the TripShock Affiliate Program and continues until your TripShock Affiliate account is terminated. There is no fixed term or minimum participation period, and you are not required to remain in the Affiliate Program for any specified length of time. You or TripShock may terminate the Affiliate relationship at any time, subject to the terms of this Agreement.

TripShock may modify the terms and conditions of this Agreement from time to time. If you do not agree to a modification, your sole remedy is to terminate your TripShock Affiliate account. Your continued participation in the Affiliate Program following any modification constitutes your acceptance of the revised Agreement.

IDEMNIFICATION

TripShock Affiliates shall indemnify TripShock and hold it harmless, as well as its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by TripShock to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

GOVERNING LAW, JURISDICTION, AND ATTORNEY FEES

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Florida. You and we agree to submit to the personal jurisdiction of a state court located in Destin, Florida or a United States District Court for the Northern District of Florida. In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

WRITTEN ACCEPTANCE AND AUTHORIZATION

This Agreement governs your participation in the TripShock Affiliate Program. By requesting, authorizing, or otherwise confirming in writing, including by email, that you would like TripShock to create or activate an Affiliate account on your behalf, you acknowledge and agree to be bound by this Agreement and all terms and conditions contained or referenced herein. A separate signed contract is not required to participate in the TripShock Affiliate Program. However, upon request, TripShock may provide a formal written agreement for execution by both parties. Your written request or authorization constitutes your acceptance of this Agreement and your authorization for TripShock to establish the Affiliate account on your behalf.